The Questions

Question: State Aid: What implications does the Court of Justice of the European Union's judgement in the Fiat Chrysler Finance Europe case (C-885/19 P) have for other 'State Aid' cases, notably the EU Commission's Apple tax appeal?

Question: Tax Appeals Commission : Can you comment on the Tax Appeals Commission's most noteworthy determinations in 2022?

Question: Section 110 : Can you explain the purpose of the ‘double trade’ test and how it works? In your response can you also outline recent guidance under Section 110: entitlement to treatment.

Question: Review: Tax in 2022 : Looking back at 2022 from a corporate taxation perspective what would you say have been the most significant Irish and international developments?

Question: Transfer Pricing : The Revenue Commissioners have updated their guidance on Transfer Pricing. Can you explain the changes and implications for tax payers?

Question: Digitalisation and VAT : As part of its response to the digitalisation of the economy the EU Commission has issued proposals to change the EU VAT system (https://taxation-customs.ec.europa.eu/taxation-1/value-added-tax-vat/vat-digital-age_en). What are the key points in the Commission’s proposals and what would be the major challenges for corporates if they are implemented as currently proposed?

Question: Capital Acquisitions Tax : There has been updates on the guidance around business relief with regards to Capital Acquisitions Tax. Can you outline the changed guidance and how it affects tax payers?

Question: Wildcard: : Optional ‘Wildcard’ Question

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State Aid ruling; Section 110 changes and TAC judgements

In this issue of the Finance Dublin Tax Monitor our panel analyses a recent judgement from the Court of Justice of the European Union that looks set to weaken the EU Commission’s case in the Apple Case; changes around Section 110 companies, some of which have created uncertainties, are also analysed. Key cases from the Tax Appeal Commissions also features as do updates to the Transfer Pricing guidance, capital acquisition tax, digitalisation and VAT and BEPs.

CJEU ruling establishes national tax rules as basis for analysis of state aid

In this issue of the Tax Monitor our panel analyses a significant ruling by the Court of Justice of the European Union (CJEU) on a State Aid case involving Luxembourg that looks likely to weaken the Commission’s appeal in the Apple case. Recent changes to guidance around section 110 companies, and the implications for same, are also examined.

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Ireland retains its reputation as a leading holding company domicile

Despite recent changes brought into the international tax arena by the OECD’s BEPS project, as well as EU level tax changes, Ireland’s standing as a location for holding company remains strong write Deloitte’s Eugene O’Keeffe and Robert Farrington. They outline the key attributes of Ireland’s regime and analyse the implications if Ireland moves to a territorial system of taxation.